The division Judge bench of Justice B.R. Gavai and Justice C.T. Ravikumar of the apex court in the case of Param Pal Sharda and Ors Vs Dhani Ram & Ors enhances the compensation as the salary certificate was duly proved and the weightage was not given to the same while calculating compensation.
BRIEF FACTS
The factual matrix of the case is that Rajinder Pal Sharda, Param Pal Sharda (appellant No.1 herein), Nitin Sharda, and one Harmail Singh were in a Car, driven by Nitin Sharda. One car driven by Harjinder Singh was coming from the opposite direction in a zig-zag manner and dashed the car which was driven by Nitin Sharda. Due to this accident, Rajinder Pal Sharda died on the spot and the remaining three were taken to the hospital, where Nitin Sharda and Harmail Singh succumbed to their injuries. Thereafter, the FIR was registered under section 279 and section 304-A of the Indian Penal Code, 1860 against Harjinder Singh.
Furthermore, the appellant filed the claim petition before the Motor Accident Claims Tribunal, Patiala under Section 166 of the Motor Vehicles Act, 1988 for grant of compensation to the tune of Rs.25 lacs each with interest on account of the death of Rajinder Pal Sharda and Nitin Sharda respectively.
As a result, the Tribunal granted an award of Rs.4,10,000/- to appellant No.4-Raj Rani, the mother of the deceased Nitin Sharda.
In an appeal against the Tribunal's Award in the case of the deceased Nitin Sharda, the High Court increased the compensation to Rs.10,97,200/- from Rs.4,10,000/-.
The learned counsel appearing on behalf of the appellant has contended that both the high court and the tribunal have committed a grave error in estimating the monthly income of deceased Nitin Sharda as Rs 6,000/-.
The learned counsel appearing on behalf of the respondent has contended that both the Tribunal and the High Court, after taking into account that the deceased Nitin Sharda was employed in a private firm and that it was not a permanent job, correctly disbelieved the salary certificate showing the deceased Nitin Sharda's monthly salary of Rs.15,000/-. Learned counsel contends that no interference with the concurrent findings of the High Court and the Tribunal that the deceased Nitin Sharda's monthly income was Rs.6,000/- is warranted.
COURT’S OBSERVATION
The hon’ble court held that in view of the Salary Certificate being duly proved, we are of the view that the Tribunal and the High Court have erred in not giving due weightage to the same. The top court find that the compensation to be paid on account of the death of the deceased Nitin Shard ought to be worked out by considering his monthly income at Rs.15,000/-, and as such, we are inclined to allow the present appeals. Thereafter, the court held that the enhanced compensation of Rs.13,61,000/- along with interest at the rate of 6% per annum shall be paid to the appellants.
CASE NAME- Param Pal Sharda and Ors Vs Dhani Ram & Ors
CITATION- CIVIL APPEAL NOS. OF 2022
CORUM- Justice B.R. Gavai and Justice C.T. Ravikumar
DATE-19.09.22
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